S T A T E O F N E W Y O R K
________________________________________________________________________
1835
2021-2022 Regular Sessions
I N S E N A T E
January 16, 2021
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Introduced by Sens. SKOUFIS, BOYLE, GAUGHRAN, GOUNARDES, PARKER, PERSAUD
-- read twice and ordered printed, and when printed to be committed to
the Committee on Consumer Protection
AN ACT to amend the general business law, in relation to missing or
non-functioning airbags in certain vehicles
THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND ASSEM-
BLY, DO ENACT AS FOLLOWS:
Section 1. This act shall be known and may be cited as the "Anthony
Amoros Law".
§ 2. Subdivision 3 of section 23 of the general business law is
amended by adding a new paragraph f to read as follows:
F. (1) NO MOTOR VEHICLE, WHICH HAS BEEN MANUFACTURED ON OR AFTER
SEPTEMBER FIRST, NINETEEN HUNDRED NINETY-SEVEN, SHALL BE SOLD BY AN
AUTOMOBILE AUCTIONEER UNLESS HE OR SHE HAS DISCLOSED TO THE BUYER WHETH-
ER THE VEHICLE IS MISSING AN INFLATABLE RESTRAINT SYSTEM OR CONTAINS A
NON-FUNCTIONING INFLATABLE RESTRAINT SYSTEM. IF THE VEHICLE IS MISSING
AN INFLATABLE RESTRAINT SYSTEM OR CONTAINS A NON-FUNCTIONING INFLATABLE
RESTRAINT SYSTEM THE DISCLOSURE OF THE STATUS OF THE VEHICLE'S INFLATA-
BLE RESTRAINT SYSTEM SHALL BE MADE BY THE AUCTIONEER (I) IN A WRITTEN
DISCLOSURE MADE IN NOT LESS THAN TEN-POINT BOLD FACE TYPE AND APPEARING
ON THE FRONT OF THE SALES CONTRACT, RECEIPT, INVOICE, OR OTHER DOCUMENT
USED IN CONNECTION WITH THE SALE OF THE VEHICLE THAT SHALL SET FORTH
WHETHER THE VEHICLE IS MISSING AN INFLATABLE RESTRAINT SYSTEM OR
CONTAINS A NON-FUNCTIONING INFLATABLE RESTRAINT SYSTEM; AND (II) BY
AFFIXING A CONSPICUOUS SIGN TO THE WINDSHIELD OF EACH VEHICLE OFFERED
FOR SALE, SOLD OR MADE AVAILABLE FOR INSPECTION PRIOR TO AUCTION THAT
SHALL DISCLOSE THAT THE VEHICLE EITHER IS MISSING AN INFLATABLE
RESTRAINT SYSTEM OR CONTAINS A NON-FUNCTIONING INFLATABLE RESTRAINT
SYSTEM.
(2) RECEIPT OF NOTICE PURSUANT TO THIS PARAGRAPH SHALL NOT IN ANY WAY
BAR, PRECLUDE OR FORECLOSE ANY ACTION FOR PERSONAL INJURY OR WRONGFUL
EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
[ ] is old law to be omitted.
LBD04434-01-1
S. 1835 2
DEATH BY OR ON BEHALF OF ANY PERSON, NOR IN ANY WAY DIMINISH, REDUCE OR
BE USED TO MITIGATE OR DIMINISH THE DAMAGES RECOVERABLE IN ANY SUCH
ACTION, NOR SHALL RECEIPT OF NOTICE BE USED AS EVIDENCE OF CULPABLE
CONDUCT IN ANY ACTION FOR PERSONAL INJURY OR WRONGFUL DEATH.
§ 3. This act shall take effect immediately.